ArbX — Terms of Service
Effective Date: January 10, 2025
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, A JURY TRIAL WAIVER, A COMPREHENSIVE RELEASE OF CLAIMS, AND SUBSTANTIAL LIMITATIONS ON LIABILITY. THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. SECTION 14 (DISPUTE RESOLUTION) REQUIRES YOU TO RESOLVE DISPUTES INDIVIDUALLY AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE PROCEEDING.
ARBX IS AUTONOMOUS TRADING SOFTWARE. IT INTERACTS WITH PERMISSIONLESS BLOCKCHAIN PROTOCOLS AND CAN CAUSE THE TOTAL AND IRREVERSIBLE LOSS OF ALL DIGITAL ASSETS YOU EXPOSE TO IT. DO NOT USE ARBX WITH ASSETS YOU CANNOT AFFORD TO LOSE ENTIRELY.
1. THE AGREEMENT
1.1 Parties
These Terms of Service (the "Terms" or this "Agreement") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "your," or "User"), and Worthless Pixels, LLC, a Wyoming limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the ArbX software, including any command-line interface, graphical interface, application programming interface, dashboard, documentation, configuration tooling, updates, and any related services (collectively, "ArbX" or the "Software").
1.2 Acceptance
By downloading, installing, accessing, deploying, executing, configuring, or otherwise using ArbX — or by clicking to accept these Terms, or by cryptographically signing a message affirming these Terms with a wallet — you acknowledge that you have read, understood, and agree to be bound by this Agreement in its entirety.
IF YOU DO NOT AGREE TO EVERY PROVISION OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ARBX AND MUST IMMEDIATELY CEASE ALL USE.
1.3 Capacity and Eligibility
You represent and warrant that:
- You are at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater;
- You have the full legal capacity, right, power, and authority to enter into and perform this Agreement, and if you are entering into this Agreement on behalf of an entity, you are duly authorized to bind that entity;
- You are not a resident, national, citizen, or agent of, and are not located in or organized under the laws of, any jurisdiction subject to comprehensive sanctions administered by the United States Office of Foreign Assets Control ("OFAC"), the United Nations Security Council, the European Union, the United Kingdom, or any other applicable sanctions authority, including without limitation Cuba, Iran, North Korea, Syria, the Crimea, Donetsk, Luhansk, Zaporizhzhia, and Kherson regions, and the Russian Federation and Belarus to the extent applicable (each, a "Restricted Jurisdiction");
- You are not, and are not owned or controlled by, and are not acting on behalf of, any person or entity listed on OFAC's Specially Designated Nationals and Blocked Persons List, the Consolidated Sanctions List, the U.S. Denied Persons List, the U.S. Entity List, the UK Sanctions List, the EU Consolidated List, or any equivalent restricted-party list (a "Prohibited Person");
- Your access to and use of ArbX, and the trading, market-making, arbitrage, and other activity you may conduct through it, is lawful in every jurisdiction in which you are located, resident, domiciled, incorporated, or otherwise subject to legal or regulatory jurisdiction; and
- You will not access or use ArbX through any virtual private network, proxy, or other means intended to disguise or misrepresent your location, identity, or jurisdiction.
1.4 Ongoing Obligation
Your representations under Section 1.3 are made as of the date of your first use of ArbX and are deemed repeated each and every time you access, execute, or interact with the Software. If any representation ceases to be true, you must immediately cease all use of ArbX and notify us at hello@worthlesspixels.com.
2. THE NFT: ART AND COLLECTIBLE ONLY
2.1 Nature of the NFT
Certain persons may hold a non-fungible token (an "NFT") minted on the Solana blockchain that Company may, at its sole and absolute discretion, recognize as one of several possible eligibility criteria for a license to ArbX under Section 3.
YOU ACKNOWLEDGE, REPRESENT, WARRANT, AND AGREE THAT:
- Any NFT you acquired was acquired by you solely and exclusively as a digital collectible and work of digital art, for its aesthetic, artistic, expressive, and personal-collectible qualities, and for no other purpose whatsoever;
- You did not purchase, acquire, bid on, or accept the NFT in expectation of profit, income, yield, distribution, appreciation, dividend, revenue share, or any financial return of any kind;
- You did not purchase, acquire, bid on, or accept the NFT in expectation of, in reliance upon, or in consideration for access to ArbX, any software, any service, any utility, any functionality, or any present or future benefit other than ownership of the digital artwork itself;
- You did not rely on any managerial, entrepreneurial, developmental, promotional, or other efforts of Company or of any third party in deciding to acquire the NFT, and you did not expect profits to be derived from the efforts of any other person;
- The NFT is not, and is not intended by any party to be, and shall not be construed as, a security, investment contract, note, bond, debenture, share, stock, unit, partnership interest, derivative, futures contract, swap, commodity interest, managed investment scheme, collective investment scheme, e-money, deposit, financial instrument, or financial product under the laws of the United States or of any other jurisdiction;
- The NFT confers no ownership interest, equity interest, economic interest, profit participation, revenue share, governance right, voting right, redemption right, claim on assets, or creditor's claim in, against, or with respect to Company, ArbX, or any affiliate, and confers no right to any dividend or distribution; and
- The NFT carries no intrinsic, guaranteed, promised, pegged, or supported value, and Company has made no representation, warranty, promise, projection, forecast, or commitment whatsoever regarding the NFT's present or future price, liquidity, resale value, market, or utility.
2.2 Severability of Art and Utility
The NFT and the ArbX license are separate, distinct, and independent.
Ownership of the NFT is a matter of on-chain token ownership. The ArbX license is a separate, limited, revocable, conditional contractual permission granted by Company under Section 3 of this Agreement and subject to every term and condition of this Agreement.
Ownership of the NFT does not, of itself, grant, guarantee, entitle you to, or perpetuate any right to access or use ArbX.
Company may modify, suspend, condition, restrict, or revoke the ArbX license at any time in accordance with this Agreement, and no such modification, suspension, condition, restriction, or revocation shall affect, impair, diminish, or give rise to any claim in respect of your ownership of the NFT as a digital artwork, which you will continue to own and may continue to hold, display, transfer, or sell in accordance with its terms.
You expressly acknowledge that the continued existence, availability, functionality, performance, or profitability of ArbX forms no part of the consideration for the NFT and no part of the bargain by which you acquired it.
2.3 No Consideration Flowing to Company
You acknowledge that Company did not receive, and makes no claim to have received, the proceeds of any secondary-market transaction by which you may have acquired the NFT, and that no contractual privity in respect of that transaction exists between you and Company.
3. LICENSE GRANT
3.1 Grant
Subject to your continuous, strict, and ongoing compliance with every term of this Agreement, Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, and conditional license to access and use ArbX solely for your own internal, personal, non-commercial purposes, on a single instance at a time, for so long as this Agreement remains in effect.
3.2 Conditional Nature
THIS LICENSE IS A CONDITIONAL PERMISSION AND NOT A PROPERTY RIGHT.
It is granted at Company's sole and absolute discretion, is revocable at any time under Section 15, and is expressly conditioned upon:
- Your continuous compliance with this Agreement in all respects;
- Your continuous satisfaction of the eligibility criteria in Section 1.3;
- Your continued satisfaction of any access criteria Company designates from time to time, which criteria Company may add to, alter, or remove at its sole discretion; and
- Company's continued operation and provision of ArbX, which Company is under no obligation to continue.
Company may discontinue ArbX in whole or in part, permanently or temporarily, at any time, for any reason or no reason, with or without notice, without liability of any kind to you.
3.3 Reservation of Rights
All rights not expressly granted in Section 3.1 are reserved by Company and its licensors. Nothing in this Agreement transfers to you any ownership of, title to, or intellectual property right in ArbX, its source code, object code, algorithms, strategies, models, routing logic, architecture, documentation, trademarks, trade dress, or any derivative thereof.
3.4 Restrictions
You shall not, and shall not permit, enable, encourage, or assist any third party to:
- Copy, modify, adapt, translate, port, or create derivative works of ArbX;
- Reverse engineer, decompile, disassemble, decrypt, deobfuscate, or otherwise attempt to derive the source code, underlying algorithms, or trade secrets of ArbX, except and only to the extent this restriction is expressly prohibited by applicable mandatory law;
- Rent, lease, lend, sell, resell, sublicense, distribute, publish, transfer, assign, host, timeshare, or otherwise make ArbX available to any third party, or operate ArbX as a service bureau or on behalf of any other person;
- Remove, alter, obscure, or circumvent any proprietary notice, licensing mechanism, access control, rate limit, kill switch, telemetry, watermark, or technical protection measure;
- Run ArbX on more instances, wallets, or machines than expressly authorized, or share, publish, or transfer credentials or access keys;
- Use ArbX to build, train, or improve any competing product, or to benchmark ArbX for the benefit of a competitor;
- Use ArbX in connection with any activity that violates applicable law, including securities, commodities, derivatives, banking, money transmission, money laundering, terrorist financing, sanctions, tax, or consumer protection law;
- Use ArbX to engage in market manipulation, including spoofing, layering, wash trading, quote stuffing, ramping, marking the close, painting the tape, or any conduct designed to create a false or misleading appearance of market activity or price;
- Use ArbX to exploit, attack, drain, or extract value from any protocol, contract, oracle, bridge, or counterparty through means that constitute unauthorized access, fraud, theft, or computer misuse under applicable law;
- Interfere with, disrupt, overload, or attempt to gain unauthorized access to ArbX, Company's systems, or the systems of any third party;
- Introduce any malware, virus, worm, trojan, backdoor, or malicious code; or
- Use ArbX in any Restricted Jurisdiction or on behalf of any Prohibited Person.
Any breach of this Section 3.4 constitutes a material breach and results in automatic, immediate termination of the license without notice.
4. NO RELATIONSHIP WITH THE NFT MARKETPLACE — COVENANT NOT TO SUE
4.1 Marketplace Parties Defined
"Marketplace Parties" means any NFT exchange, marketplace, secondary marketplace, aggregator, launchpad, minting platform, order book, auction venue, wallet provider, custodian, or trading venue through, on, or by means of which you acquired, listed, bid on, transferred, or disposed of any NFT, together with each of their respective past, present, and future parents, subsidiaries, affiliates, predecessors, successors, assigns, officers, directors, managers, members, shareholders, partners, employees, contractors, agents, representatives, advisors, and insurers.
4.2 Complete Independence
You acknowledge, represent, warrant, and agree that:
- The Marketplace Parties are independent third parties with no ownership of, control over, involvement in, contractual relationship with, agency for, partnership with, joint venture with, or responsibility for ArbX or Company;
- The Marketplace Parties are not parties to this Agreement, did not license, develop, publish, distribute, market, promote, endorse, operate, host, audit, or maintain ArbX, and had no role whatsoever in the creation, operation, or provision of ArbX;
- The Marketplace Parties made no representation, warranty, promise, guarantee, statement, projection, or commitment to you, express or implied, regarding ArbX, its existence, availability, functionality, performance, profitability, safety, legality, security, or continuity, and you did not rely on any such statement in acquiring any NFT;
- The Marketplace Parties facilitated only a transaction in a digital collectible artwork, and their role was limited to providing venue, listing, matching, escrow, and/or settlement infrastructure for that transaction; and
- Any utility, access, benefit, or functionality associated with ArbX arises solely from this Agreement with Company and from no act, omission, representation, or undertaking of any Marketplace Party.
4.3 Covenant Not to Sue
YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY COVENANT AND AGREE THAT YOU WILL NOT COMMENCE, INSTITUTE, PROSECUTE, MAINTAIN, JOIN, PARTICIPATE IN, FUND, ASSIST, OR VOLUNTARILY AID ANY CLAIM, ACTION, SUIT, DEMAND, ARBITRATION, MEDIATION, REGULATORY COMPLAINT, CHARGEBACK, CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PROCEEDING OF ANY KIND, IN ANY FORUM, IN ANY JURISDICTION, AGAINST ANY MARKETPLACE PARTY THAT ARISES OUT OF, RELATES TO, OR IS IN ANY WAY CONNECTED WITH:
- ArbX, the Software, its availability, unavailability, performance, non-performance, malfunction, defect, or discontinuation;
- This Agreement or its breach, termination, modification, or enforcement;
- Any trading, arbitrage, transaction, position, execution, or strategy conducted through or in connection with ArbX;
- Any loss of digital assets, funds, profit, or opportunity arising from or connected with ArbX;
- The revocation, suspension, conditioning, or modification of your ArbX license; or
- Any representation, statement, or expectation regarding utility, access, or functionality associated with any NFT.
4.4 Release of Marketplace Parties
You hereby fully, finally, and forever release, acquit, and discharge each and every Marketplace Party from any and all claims, demands, damages, losses, liabilities, obligations, costs, and expenses of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, accrued or unaccrued, at law or in equity, arising out of or relating to any matter described in Section 4.3.
4.5 Third-Party Beneficiaries
Each Marketplace Party is an express, intended third-party beneficiary of Sections 4.2 through 4.6, Section 11 (Release), Section 12 (Indemnification), Section 13 (Limitation of Liability), and Section 14 (Dispute Resolution), and each shall be entitled to enforce those provisions directly against you in its own name as if it were a party to this Agreement.
For the purposes of the Contracts (Rights of Third Parties) Act 1999 (United Kingdom) and any analogous legislation in any other jurisdiction, the Marketplace Parties may enforce these provisions. No consent of any Marketplace Party is required to amend, vary, or rescind this Agreement.
4.6 Indemnity for Breach of Covenant
If you breach Section 4.3 or Section 4.4, you shall indemnify, defend, and hold harmless the affected Marketplace Party and Company against all resulting losses, damages, judgments, awards, settlements, and costs, including full attorneys' fees, expert fees, and costs of defense on an indemnity basis, and the affected party shall additionally be entitled to injunctive relief compelling dismissal or withdrawal of the offending proceeding.
4.7 Nothing Herein Restricts Regulatory Contact
Nothing in this Section prevents you from responding truthfully to a lawful subpoena, court order, or governmental inquiry, or from communicating with, filing a complaint with, or participating in an investigation by any governmental, regulatory, or law enforcement agency.
5. NATURE OF ARBX — NO ADVICE, NO CUSTODY, NO INTERMEDIATION
5.1 Software Only
ArbX is software. It is a tool. It is nothing more.
ArbX is a non-custodial, self-hosted or user-directed software utility that constructs, signs, and broadcasts transactions on the Solana blockchain according to parameters you select and you control.
5.2 No Custody
Company never takes custody, control, or possession of your digital assets, private keys, seed phrases, or wallets at any time.
All assets remain under your exclusive control at all times. Company cannot access, freeze, seize, recover, reverse, or return your assets under any circumstances, including in the event of your error, theft, loss, or compromise.
5.3 Not a Financial Intermediary
Company is not, and does not hold itself out as, and ArbX does not function as:
- A broker, dealer, or broker-dealer
- An investment adviser or financial adviser
- A commodity trading advisor, commodity pool operator, futures commission merchant, or introducing broker
- A money services business, money transmitter, payment institution, or e-money issuer
- A bank, trust company, custodian, or fiduciary
- An exchange, alternative trading system, multilateral trading facility, or organized trading facility
- A clearing agency, transfer agent, or central counterparty
- A fund manager, portfolio manager, or asset manager
- An insurer or guarantor
5.4 No Advice
NOTHING PROVIDED BY COMPANY — INCLUDING ARBX, ITS OUTPUTS, DEFAULT SETTINGS, PRESET STRATEGIES, DOCUMENTATION, DASHBOARDS, ALERTS, SIGNALS, ANALYTICS, BACKTESTS, SIMULATIONS, TUTORIALS, COMMUNITY CHANNELS, OR ANY COMMUNICATION FROM ANY PERSON PURPORTING TO ACT ON COMPANY'S BEHALF — CONSTITUTES FINANCIAL, INVESTMENT, TRADING, LEGAL, TAX, ACCOUNTING, OR ANY OTHER PROFESSIONAL ADVICE, OR A RECOMMENDATION, SOLICITATION, OR OFFER TO BUY, SELL, OR HOLD ANY ASSET.
You are solely responsible for your own due diligence and should consult your own qualified independent legal, tax, and financial advisers before using ArbX.
5.5 No Fiduciary Relationship
No fiduciary, advisory, agency, trust, partnership, joint venture, or employment relationship of any kind is created by this Agreement or by your use of ArbX. Company owes you no fiduciary duty, no duty of care beyond that expressly and minimally stated herein, no duty of loyalty, and no duty of best execution. Company acts at all times solely as a software provider dealing at arm's length.
5.6 No Performance Representation
COMPANY MAKES NO REPRESENTATION, WARRANTY, PROMISE, PROJECTION, FORECAST, OR GUARANTEE OF ANY KIND REGARDING PROFITABILITY, RETURNS, YIELD, WIN RATE, FILL RATE, LATENCY, EXECUTION QUALITY, UPTIME, OR ANY PERFORMANCE METRIC WHATSOEVER.
PAST OR SIMULATED PERFORMANCE IS NOT INDICATIVE OF AND DOES NOT GUARANTEE FUTURE RESULTS. HYPOTHETICAL AND BACKTESTED RESULTS HAVE INHERENT LIMITATIONS, DO NOT REFLECT ACTUAL TRADING, ARE PREPARED WITH THE BENEFIT OF HINDSIGHT, AND FREQUENTLY DIFFER MATERIALLY FROM ACTUAL RESULTS SUBSEQUENTLY ACHIEVED.
THE MOST LIKELY OUTCOME OF AUTOMATED ARBITRAGE TRADING IS LOSS. MANY USERS WILL LOSE MONEY. YOU SHOULD EXPECT TO LOSE MONEY.
6. ASSUMPTION OF RISK
6.1 Express Assumption
YOU KNOWINGLY, VOLUNTARILY, INTELLIGENTLY, AND EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF ARBX AND WITH DIGITAL ASSETS GENERALLY, INCLUDING THE RISK OF TOTAL, SUDDEN, AND PERMANENT LOSS OF ALL ASSETS.
You acknowledge that you have independently evaluated these risks, that you possess sufficient knowledge, sophistication, and experience in digital assets, blockchain technology, automated trading, and financial matters to do so, and that you are capable of bearing the total economic loss of all assets you expose to ArbX.
6.2 Non-Exhaustive Enumeration of Risks
Without limiting Section 6.1, you specifically acknowledge and assume each of the following risks:
(a) Market Risk. Extreme volatility; illiquidity; gapping; flash crashes; depegging; price manipulation by third parties; sudden absence of counterparties; adverse selection; toxic order flow; negative expected value of any given strategy.
(b) Execution Risk. Slippage; partial fills; failed transactions; reverted transactions; stale prices; race conditions; front-running; back-running; sandwich attacks; maximal extractable value ("MEV") extraction by validators, searchers, block builders, or other parties; priority fee auctions; transaction ordering that is adverse to you; latency and jitter; RPC endpoint failure, throttling, censorship, or dishonesty; mempool visibility; simulation-to-execution divergence.
(c) Blockchain Risk. Solana network congestion, degradation, outage, or halt; chain reorganization; forks (hard or soft); consensus failure; validator misbehavior, downtime, censorship, or collusion; changes to protocol rules, fee markets, scheduling, or transaction inclusion policy; increases in rent, compute unit pricing, or priority fees; account size limits; compute budget exhaustion.
(d) Smart Contract and Protocol Risk. Bugs, defects, vulnerabilities, and exploits in decentralized exchanges, automated market makers, aggregators, lending protocols, oracles, bridges, token programs, or any contract with which ArbX interacts; upgradeable or mutable programs; admin key compromise; malicious upgrades; oracle failure, staleness, or manipulation; freeze authorities; mint authorities; transfer hooks and Token-2022 extensions; honeypots, rug pulls, and fraudulent tokens; blacklisting.
(e) Software Risk. Defects, errors, bugs, and unintended behavior in ArbX; incorrect configuration by you; unintended parameter interactions; infinite loops or runaway execution; dependency and supply chain compromise; incompatibility with your environment; failure of updates; unavailability of ArbX at any time.
(f) Security Risk. Theft, loss, or compromise of your private keys, seed phrase, hardware wallet, device, credentials, or environment; phishing; social engineering; malware and keyloggers; clipboard hijacking; malicious browser extensions; supply chain attacks; SIM swap; insider threats; compromise of any third party you rely upon.
(g) Irreversibility. Blockchain transactions are final and irreversible. Transactions sent to an incorrect address, on an incorrect network, with incorrect parameters, or as a result of any error whatsoever cannot be reversed, cancelled, recalled, or recovered by anyone, including Company.
(h) Regulatory and Legal Risk. Adverse changes in law, regulation, guidance, enforcement priority, or judicial interpretation in any jurisdiction; retroactive application of law; the possibility that arbitrage, MEV extraction, automated trading, or the use of digital assets may become restricted, licensed, taxed, or prohibited; investigation, enforcement action, asset freezing, or seizure by any authority; the possibility that a token, protocol, or activity may be found to be a security, derivative, or otherwise regulated instrument.
(i) Tax Risk. Each transaction may constitute a taxable event; tax treatment is uncertain and varies by jurisdiction; high-frequency trading may generate very large numbers of taxable events and significant record-keeping obligations; you may incur a tax liability that exceeds your net economic gain or that arises even where you have suffered a net loss.
(j) Counterparty and Infrastructure Risk. Failure, insolvency, fraud, downtime, or malfeasance of any exchange, marketplace, bridge, RPC provider, node operator, validator, relayer, block engine, wallet provider, hosting provider, internet service provider, or other third party.
(k) Competitive Risk. Arbitrage is intensely competitive. Other participants may possess superior capital, latency, infrastructure, information, co-location, validator relationships, or private order flow. Opportunities identified by ArbX may be captured by others before your transaction lands, while you nevertheless incur fees and costs.
(l) Total Loss. You may lose all digital assets exposed to ArbX, and may incur costs, fees, and liabilities in excess of the assets you initially committed.
6.3 No Duty to Warn
Company has no obligation to monitor your use, to warn you of risk, to identify or notify you of adverse conditions, to halt or throttle your activity, to protect you from loss, or to intervene in any way. Any monitoring, warning, safeguard, guardrail, circuit breaker, simulation, or protective feature that Company may provide is offered gratuitously, as a convenience only, without warranty, may fail or be absent without notice, and creates no duty of any kind. You must not rely on any such feature.
7. USER RESPONSIBILITY AND ACKNOWLEDGMENTS
7.1 Sole and Complete Responsibility
YOU ACCEPT FULL, SOLE, EXCLUSIVE, AND UNCONDITIONAL RESPONSIBILITY FOR:
- Every decision to use, configure, deploy, run, pause, or stop ArbX;
- Every parameter, setting, threshold, limit, strategy, token, pair, venue, route, slippage tolerance, priority fee, and configuration value you select or fail to select;
- Every transaction constructed, signed, submitted, or executed through your use of ArbX, whether or not you specifically reviewed or intended it;
- Every outcome, gain, loss, cost, fee, and consequence arising from the foregoing;
- The security, custody, backup, and integrity of your private keys, seed phrases, wallets, devices, servers, credentials, and operating environment;
- Your compliance with all applicable laws, regulations, licensing requirements, registration requirements, reporting obligations, and sanctions regimes in every jurisdiction to which you are subject;
- The determination, calculation, reporting, withholding, and payment of all taxes, duties, levies, and assessments arising from your activity, and the maintenance of adequate records;
- Your own independent verification of every token, contract address, protocol, venue, and counterparty with which you interact;
- Testing any configuration with de minimis amounts before committing material capital; and
- Your own independent legal, tax, accounting, and financial advice.
7.2 Independent Judgment
You represent and warrant that you have exercised, and will continue to exercise, your own independent judgment in all matters relating to ArbX, that you have not relied and will not rely on any statement, representation, advice, recommendation, projection, or omission of Company or any Company Party or Marketplace Party, and that you are not relying on Company for any monitoring, oversight, protection, or advice.
7.3 No Reliance
You acknowledge that this Agreement, together with any written documentation expressly incorporated by reference, constitutes the entire understanding between you and Company, and that no oral statement, marketing material, social media post, community chat message, video, livestream, testimonial, screenshot, performance claim, roadmap, or statement by any team member, moderator, influencer, affiliate, promoter, or community participant forms any part of this Agreement, creates any warranty or representation, or may be relied upon by you for any purpose.
Any such statement is expressly disclaimed and superseded.
7.4 Sophisticated User
You represent that you are a sophisticated user of technology and financial products, that you understand automated trading systems and their failure modes, and that you are not relying on Company to compensate for any deficiency in your own knowledge, skill, diligence, or care.
8. ACCOUNT, KEYS, AND SECURITY
8.1 Your Responsibility
You are solely responsible for all activity conducted through your wallets, keys, credentials, and instances of ArbX, whether or not authorized by you. Company has no ability to and will not verify the identity or authority of any person operating your instance.
8.2 No Recovery
COMPANY CANNOT RECOVER LOST OR COMPROMISED PRIVATE KEYS OR SEED PHRASES. LOSS OF YOUR KEYS MEANS PERMANENT AND IRREVERSIBLE LOSS OF YOUR ASSETS. COMPANY BEARS NO RESPONSIBILITY FOR SUCH LOSS UNDER ANY CIRCUMSTANCES.
8.3 Notification
You must notify Company immediately at hello@worthlesspixels.com upon becoming aware of any unauthorized access, security breach, or compromise. Failure to do so does not create any Company liability but may aggravate your losses, for which you remain solely responsible.
9. FEES, PAYMENTS, AND NO REFUNDS
9.1 Fees
Company may charge subscription fees, license fees, performance fees, transaction fees, or other charges as disclosed at the point of purchase or in supplementary terms. Company may modify fees prospectively at any time on notice.
9.2 Network Costs
You are solely responsible for all blockchain transaction fees, priority fees, rent, tips, bribes, compute costs, RPC costs, hosting costs, and third-party charges. These are incurred whether or not any transaction is successful or profitable, and Company does not reimburse them under any circumstances.
9.3 No Refunds
ALL FEES AND PAYMENTS ARE FINAL, NON-REFUNDABLE, NON-CANCELLABLE, AND NON-CREDITABLE, IN WHOLE OR IN PART, UNDER ALL CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION: DISSATISFACTION; UNPROFITABILITY; TRADING LOSSES; NON-USE; PARTIAL USE; DOWNTIME; DEGRADED PERFORMANCE; DEFECTS; DISCONTINUATION OF ARBX; OR TERMINATION OR REVOCATION OF YOUR LICENSE FOR ANY REASON, INCLUDING FOR YOUR BREACH.
9.4 No Chargebacks
You irrevocably waive any right to initiate a chargeback, payment reversal, dispute, or claim with any payment processor, card network, bank, or platform in respect of any payment made to Company.
Initiating any such action constitutes a material breach, results in immediate termination without refund, and entitles Company to recover the disputed amount together with all associated costs, penalties, and full attorneys' fees.
9.5 Taxes
All fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, withholding, and other taxes, excluding taxes on Company's net income.
10. DISCLAIMER OF WARRANTIES
10.1 As Is
ARBX AND ALL RELATED MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," "WITH ALL FAULTS," AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
10.2 Full Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND EACH COMPANY PARTY AND MARKETPLACE PARTY EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, WORKMANLIKE EFFORT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
COMPANY DOES NOT WARRANT THAT ARBX WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, FREE OF HARMFUL COMPONENTS, PROFITABLE, OR THAT ANY DEFECT WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH ARBX CREATES ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.3 Third-Party Content
Company makes no warranty and assumes no responsibility for any third-party protocol, token, contract, venue, RPC provider, data feed, oracle, bridge, library, dependency, or service, whether or not integrated with, referenced by, or accessed through ArbX.
10.4 Jurisdictional Limits
Some jurisdictions do not permit the exclusion of certain warranties or the limitation of statutory consumer rights. To the extent any such right applies and cannot lawfully be excluded, the exclusions above apply to the fullest extent permitted, and any implied warranty that cannot be excluded is limited in duration to thirty (30) days from first use and, at Company's option, satisfied by re-supply of the Software or payment of the cost of re-supply.
11. RELEASE AND WAIVER
11.1 Company Parties Defined
"Company Parties" means Company and each of its past, present, and future parents, subsidiaries, affiliates, related entities, predecessors, successors, and assigns, together with each of their respective founders, officers, directors, managers, members, shareholders, partners, principals, employees, contractors, developers, auditors, agents, representatives, advisors, licensors, suppliers, service providers, insurers, moderators, community managers, promoters, and affiliates.
11.2 General Release
YOU HEREBY IRREVOCABLY, UNCONDITIONALLY, FULLY, FINALLY, AND FOREVER RELEASE, ACQUIT, REMISE, WAIVE, AND DISCHARGE EACH AND EVERY COMPANY PARTY AND EACH AND EVERY MARKETPLACE PARTY (COLLECTIVELY, THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, COUNTERCLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, DEBTS, OBLIGATIONS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, PENALTIES, FINES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEN OR UNFORESEEN, DISCLOSED OR UNDISCLOSED, ACCRUED OR CONTINGENT, LIQUIDATED OR UNLIQUIDATED, IN LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
- ArbX, the Software, its use, misuse, availability, unavailability, performance, non-performance, defect, malfunction, modification, suspension, or discontinuation;
- Any transaction, trade, position, execution, order, or strategy conducted through or in connection with ArbX;
- Any loss, theft, diminution, or destruction of digital assets, funds, profits, revenue, opportunity, data, or goodwill;
- Any NFT, its acquisition, valuation, resale, transfer, or any utility or absence of utility associated with it;
- The grant, denial, conditioning, suspension, revocation, or termination of any ArbX license;
- Any act, omission, statement, representation, negligence, or breach of any Released Party in connection with the foregoing; and
- Any third party, protocol, contract, venue, token, provider, or infrastructure.
11.3 Waiver of Unknown Claims — California Civil Code § 1542
YOU EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
YOU ACKNOWLEDGE THAT YOU MAY LATER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE YOU NOW KNOW OR BELIEVE TO BE TRUE, AND YOU EXPRESSLY ASSUME THAT RISK AND AGREE THAT THIS RELEASE REMAINS EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING SUCH DISCOVERY.
11.4 Equivalent Provisions in Other Jurisdictions
You similarly, knowingly, and expressly waive the benefit of any statute, rule, regulation, code, doctrine, or common law principle of any state, province, territory, or country — including without limitation § 1542 of the California Civil Code, § 20-7-11 of the South Dakota Codified Laws, § 1-1-113 of the North Dakota Century Code, § 663-3 of the Montana Code Annotated, and any analogous provision of the laws of any other jurisdiction — that would limit the effect of a general release with respect to unknown or unsuspected claims.
11.5 Carve-Out
Nothing in this Section 11 purports to release any Released Party from liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited under applicable mandatory law. The invalidity or unenforceability of this release as to any particular claim or in any particular jurisdiction shall not affect its validity or enforceability as to any other claim or in any other jurisdiction.
12. INDEMNIFICATION
12.1 Your Indemnity
You shall defend, indemnify, and hold harmless each Released Party from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, judgments, awards, settlements, fines, penalties, liabilities, costs, and expenses — including reasonable and full attorneys' fees, expert witness fees, court costs, arbitration fees, and costs of investigation, on a full indemnity basis — arising out of or relating to:
- Your access to or use or misuse of ArbX;
- Any transaction, trade, or activity you conduct through or in connection with ArbX;
- Your breach or alleged breach of this Agreement or of any representation or warranty herein;
- Your violation or alleged violation of any applicable law, regulation, or sanctions regime;
- Your violation or alleged violation of the rights of any third party, including intellectual property, privacy, and property rights;
- Any tax liability, reporting failure, or assessment arising from your activity;
- Any claim, action, or proceeding you bring in breach of Section 4.3 or in breach of Section 14; and
- Any negligent, reckless, fraudulent, or willful act or omission by you or by any person using your keys, credentials, or instance.
12.2 Procedure
Company may, at its option and your expense, assume the exclusive defense and control of any matter subject to indemnification. You shall not settle any such matter without Company's prior written consent. You shall cooperate fully with Company in the defense of any such matter.
12.3 Survival
This Section survives termination of this Agreement indefinitely.
13. LIMITATION OF LIABILITY
13.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY RELEASED PARTY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF TRADING GAINS, LOSS OF DIGITAL ASSETS, LOSS OF CRYPTOCURRENCY OR TOKEN VALUE, DIMINUTION IN VALUE, LOSS OF DATA, LOSS OF GOODWILL OR REPUTATION, OR COST OF SUBSTITUTE SERVICES — WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE, AND WHETHER OR NOT ANY RELEASED PARTY HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13.2 Aggregate Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ALL RELEASED PARTIES COMBINED, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, ARBX, ANY NFT, OR YOUR USE OF ANY OF THE FOREGOING, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF:
- THE TOTAL AMOUNT OF FEES YOU ACTUALLY PAID DIRECTLY TO COMPANY FOR ARBX IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED UNITED STATES DOLLARS (US $100.00).
THIS CAP IS AGGREGATE AND CUMULATIVE ACROSS ALL CLAIMS AND ALL RELEASED PARTIES, AND IS NOT PER-CLAIM OR PER-INCIDENT. MULTIPLE CLAIMS DO NOT ENLARGE IT.
13.3 No Liability for Third Parties or Network
No Released Party shall bear any liability whatsoever for any loss arising from: any blockchain, network, protocol, smart contract, validator, or infrastructure provider; any third-party act or omission; any MEV extraction; any market movement; any failed, reverted, or front-run transaction; any act of any Marketplace Party; any regulatory or governmental action; or any Force Majeure Event.
13.4 Basis of the Bargain
You acknowledge that the disclaimers, releases, and limitations in Sections 10, 11, and 13 are a fundamental and essential basis of the bargain between you and Company, that Company would not provide ArbX on any other terms, and that the pricing and availability of ArbX reflect the allocation of risk set out herein.
These provisions shall apply even if any limited remedy fails of its essential purpose.
13.5 Mandatory Law
Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the liability of the Released Parties is limited to the smallest amount and greatest extent permitted by applicable law. Nothing herein limits liability for fraud, willful misconduct, or death or personal injury caused by negligence where such limitation is unlawful.
14. DISPUTE RESOLUTION — BINDING ARBITRATION AND CLASS WAIVER
14.1 PLEASE READ CAREFULLY
THIS SECTION REQUIRES YOU TO ARBITRATE DISPUTES INDIVIDUALLY AND LIMITS THE REMEDIES AVAILABLE TO YOU. IT AFFECTS YOUR RIGHT TO GO TO COURT, TO A JURY TRIAL, AND TO PARTICIPATE IN CLASS ACTIONS.
14.2 Informal Resolution — Mandatory Precondition
Before commencing any arbitration or proceeding, you must first send a written Notice of Dispute to hello@worthlesspixels.com containing your name, wallet address(es), a detailed description of the dispute, the specific relief sought, and the calculation of any damages claimed. You and Company shall then negotiate in good faith for sixty (60) days. A telephonic or video conference shall be held if either party requests it, and you must personally participate. Completion of this process is a condition precedent to commencing arbitration, and any arbitration commenced without it shall be dismissed. The limitation period in Section 14.9 is tolled during this period.
14.3 Agreement to Arbitrate
Except as set out in Section 14.6, any and all disputes, claims, or controversies arising out of or relating to this Agreement, ArbX, any NFT, or the relationship between the parties — including the validity, enforceability, scope, interpretation, or applicability of this arbitration provision — shall be resolved exclusively by final and binding individual arbitration, and not in a court of law.
14.4 Arbitration Rules and Forum
- For Users resident in the United States: Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules where applicable), before a single arbitrator, seated in Cheyenne, Wyoming. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this provision.
- For Users resident outside the United States: Arbitration shall be administered by the Singapore International Arbitration Centre ("SIAC") under its rules then in force, before a single arbitrator, seated in Singapore, conducted in the English language.
- The arbitrator's award shall be final and binding, and judgment may be entered on it in any court of competent jurisdiction.
- Hearings may be conducted by telephone or videoconference, and claims under US $25,000 shall be decided on documents alone unless the arbitrator determines a hearing is necessary.
14.5 CLASS ACTION AND JURY TRIAL WAIVER
- YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, MASS, OR REPRESENTATIVE PROCEEDING.
- THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
- THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON THAT INDIVIDUAL CLAIM. NO AWARD MAY AFFECT ANY OTHER USER.
- YOU AND COMPANY IRREVOCABLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.
- If subsection (a), (b), or (c) is found unenforceable as to any claim or request for relief, then that claim or request shall be severed from the arbitration and litigated in the courts specified in Section 16.2, and shall be stayed pending completion of the arbitration of all arbitrable claims. The remainder of this Section 14 remains in full force.
14.6 Exceptions
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for claims within that court's jurisdiction; (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or trade secrets, or to enforce Sections 3.4, 4.3, or 14.5; and (c) report any matter to a governmental or regulatory authority.
14.7 Mass and Coordinated Filings
If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against Company by or with the assistance of the same counsel or coordinated persons within a ninety (90) day period, the demands shall be administered in sequential batches of no more than fifty (50), with a single arbitrator per batch, and the remaining demands shall be held in abeyance (with the limitation period tolled) until the preceding batch is resolved. Any demand filed in contravention of this Section shall be deemed not properly filed.
14.8 Fees and Costs
Arbitration fees shall be allocated under the applicable rules. However, if the arbitrator determines that a claim, defense, or the arbitration itself was frivolous, brought in bad faith, brought for an improper purpose (including harassment or extracting a nuisance settlement), or brought in breach of Section 4.3 or Section 14.5, the arbitrator shall award the prevailing party its full reasonable attorneys' fees, expert fees, and costs, to the maximum extent permitted by applicable law and the standards of Federal Rule of Civil Procedure 11.
14.9 Limitation Period
ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, ARBX, OR ANY NFT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES. A CLAIM NOT COMMENCED WITHIN ONE (1) YEAR IS PERMANENTLY AND IRREVOCABLY BARRED, to the maximum extent permitted by applicable law.
14.10 Right to Opt Out
You may opt out of this Section 14 by sending written notice to hello@worthlesspixels.com within thirty (30) days of your first acceptance of these Terms, stating your name, wallet address, and an unambiguous statement that you wish to opt out of arbitration.
Opting out does not affect any other provision of this Agreement. If you opt out, disputes shall be resolved in the courts identified in Section 16.2, and the jury waiver in Section 14.5(d) shall continue to apply to the maximum extent permitted by law.
14.11 Consumer Mandatory Rights
If you are a consumer resident in the European Union, the United Kingdom, Australia, Canada, or another jurisdiction whose mandatory consumer law prohibits pre-dispute binding arbitration or class waivers, those provisions shall not apply to you to the extent prohibited, and you retain any non-waivable right to bring proceedings in the courts of your place of residence and to the benefit of any non-excludable consumer guarantee. The remaining provisions of this Agreement continue to apply to the fullest extent permitted.
14.12 Survival
This Section survives termination of this Agreement.
15. TERM, SUSPENSION, AND TERMINATION
15.1 Term
This Agreement commences on your first access to ArbX and continues until terminated.
15.2 Termination by You
You may terminate at any time by permanently ceasing all use of ArbX and deleting all copies. No refund is payable.
15.3 Termination and Suspension by Company
Company may suspend, restrict, condition, revoke, or terminate your license and your access to ArbX immediately, in whole or in part, at any time, for any reason or for no reason, with or without notice, at its sole and absolute discretion, without liability of any kind.
Grounds include, without limitation: breach or suspected breach of this Agreement; conduct that Company considers to create legal, regulatory, reputational, or security risk; suspected fraud, manipulation, or unlawful activity; sanctions or restricted-party exposure; abusive, threatening, or harassing conduct toward Company personnel or other users; chargeback initiation; or discontinuation of ArbX.
15.4 Effect
Upon termination, all rights granted to you immediately cease; you must destroy all copies of ArbX and cease all use; no refund of any kind is payable; and Sections 2, 4, 5, 6, 7, 9.3, 9.4, 10, 11, 12, 13, 14, 15.4, and 16 survive in full.
15.5 NFT Unaffected
Termination of this Agreement does not affect your ownership of any NFT, which you continue to hold as a digital artwork in accordance with Section 2.
16. GENERAL PROVISIONS
16.1 Governing Law
This Agreement and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, and, where applicable, the Federal Arbitration Act, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Where mandatory consumer protection law of your place of residence provides you with rights that cannot be derogated from by agreement, that law applies to the extent of any conflict, and this Agreement applies in all other respects.
16.2 Venue
Subject to Section 14, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Laramie County, Wyoming, and irrevocably waive any objection based on venue, forum non conveniens, or lack of personal jurisdiction.
16.3 Force Majeure
No Released Party shall be liable for any delay, failure, or loss caused directly or indirectly by any event beyond its reasonable control, including: act of God; natural disaster; fire; flood; epidemic or pandemic; war; terrorism; civil unrest; strike; governmental, regulatory, or judicial action; sanctions; change in law; power, internet, cloud, or telecommunications failure; blockchain network congestion, halt, fork, or failure; validator or RPC outage; cyberattack, exploit, or denial-of-service attack; or failure of any third-party protocol or provider (each, a "Force Majeure Event").
16.4 Modifications
Company may modify this Agreement at any time by posting the revised Terms with an updated "Last Updated" date. Material changes will, where practicable, be notified through ArbX or by other reasonable means. Your continued use of ArbX after the effective date constitutes acceptance. If you do not agree, your sole and exclusive remedy is to cease all use and terminate under Section 15.2.
16.5 Severability and Reformation
If any provision of this Agreement is held invalid, illegal, or unenforceable in any respect or in any jurisdiction, that provision shall be modified and interpreted so as to best accomplish its objectives to the greatest extent permitted by law, or, if incapable of such modification, severed. The remaining provisions shall continue in full force and effect, and the invalidity of a provision in one jurisdiction shall not affect its validity in any other. In particular, if any release, waiver, cap, or limitation is held partially unenforceable, it shall be enforced to the maximum extent permitted.
16.6 No Waiver
No failure or delay by Company in exercising any right constitutes a waiver. No waiver is effective unless in writing and signed by an authorized representative of Company, and no waiver of any breach constitutes a waiver of any other or subsequent breach.
16.7 Assignment
You may not assign, transfer, delegate, or novate this Agreement or any right or obligation under it, by operation of law or otherwise, without Company's prior written consent; any purported assignment is void. Company may freely assign, transfer, or novate this Agreement in whole or in part without notice or consent.
16.8 Entire Agreement
This Agreement, together with any documents expressly incorporated by reference, constitutes the entire agreement between you and Company regarding its subject matter and supersedes all prior and contemporaneous agreements, understandings, representations, warranties, communications, marketing materials, and statements, whether written or oral.
16.9 Independent Contractors
Nothing herein creates any partnership, joint venture, agency, franchise, employment, or fiduciary relationship.
16.10 Feedback
Any feedback, suggestion, idea, or improvement you provide is provided voluntarily, non-confidentially, and without compensation, and you grant Company a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, exploit, and commercialize it without restriction or attribution.
16.11 Export Control
You shall comply with all applicable export control and sanctions laws, including the U.S. Export Administration Regulations and OFAC regulations, and shall not export, re-export, or transfer ArbX to any Restricted Jurisdiction or Prohibited Person.
16.12 Electronic Communications and Signatures
You consent to receive all communications, agreements, notices, and disclosures electronically, and agree that electronic acceptance, click-through acceptance, and cryptographic wallet signatures satisfy any legal requirement that a communication be in writing or signed.
16.13 Language
This Agreement is drafted in English. Any translation is provided for convenience only; the English version governs in the event of any conflict.
16.14 Interpretation
Headings are for convenience only. "Including" means "including without limitation." The rule of contra proferentem shall not apply, and this Agreement shall not be construed against Company as drafter.
16.15 Notices
Notices to Company must be sent to hello@worthlesspixels.com. Notices to you may be sent to any email or wallet address associated with your use of ArbX, or posted within ArbX.
16.16 Third-Party Beneficiaries
Except as expressly provided in Section 4.5 (Marketplace Parties) and Section 11 (Released Parties), this Agreement confers no rights on any third party.
17. FINAL ACKNOWLEDGMENT
BY USING ARBX, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE AGREEMENT, HAD A REASONABLE OPPORTUNITY TO REVIEW IT AND TO CONSULT INDEPENDENT LEGAL COUNSEL OF YOUR CHOOSING, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY IT. YOU FURTHER ACKNOWLEDGE THAT YOU ARE ACCEPTING FULL AND SOLE RESPONSIBILITY FOR ALL CONSEQUENCES OF YOUR USE OF ARBX, INCLUDING THE POSSIBILITY OF TOTAL FINANCIAL LOSS, AND THAT YOU ARE VOLUNTARILY ASSUMING THAT RISK.